In today’s Chamber judgment in the case of Jehovah’s Witnesses v. Finland (application no. 31172/19) the European Court of Human Rights held, unanimously, that there had been no violation of Article 6 (right to a fair trial) of the European Convention on Human Rights, and no violation of Article 9 (freedom of thought, conscience and religion). The case concerns the obligation for individual Jehovah’s Witnesses to obtain consent when collecting personal data during their door-to-door preaching. Den Rest des Beitrags lesen »
ECHR: Obtaining consent for Jehovah’s Witnesses’ collecting of personal data necessary to protect rights of others
9. Mai 2023 — Georg NeureitherECHR: Chief Rabbinate of the Jewish Community in İzmir v. Türkiye (no. 1574/12)
14. März 2023 — Georg NeureitherThe applicant is the Chief Rabbinate of the Jewish Community in İzmir. At the relevant time it was a religious institution whose members were Turkish citizens of the Jewish faith. On 13 December 2011 it acquired the status of foundation and took the name “Foundation of the Jewish Community of İzmir”. The case concerns judicial proceedings following which the foundation was denied permission to register property, namely a plot of land on which was erected a former synagogue, its claim being that the land had belonged to it for a long time. Den Rest des Beitrags lesen »
ECHR: Cupiał v. Poland (no. 67414/11)
9. März 2023 — Georg NeureitherThe applicant, Dariusz Cupiał, is a Polish national who was born in 1962 and lives in Warsaw. The case concerns the applicant’s trial and criminal conviction for psychologically abusing his children by subjecting them to allegedly excessive religious practices. Den Rest des Beitrags lesen »
ECHR: New legislation restricting missionary work in Russia breached the Convention
7. März 2023 — Georg NeureitherIn today’s Chamber judgment in the case of Ossewaarde v. Russia (application no. 27227/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 9 (freedom of religion) of the European Convention on Human Rights, and a violation of Article 14 (prohibition of discrimination) of the European Convention taken in conjunction with Article 9. The case concerns a US national living in Russia, a Baptist Christian, who was fined for holding Bible study meetings in his home without notifying the authorities. Den Rest des Beitrags lesen »
ECHR: Kılıc v. Austria (application no. 27700/15)
12. Januar 2023 — Georg NeureitherThe applicants, Selma Kılıc and Mürsel Kılıc, are Turkish nationals who were born in 1975 and 1974 respectively and live in Vienna. The case concerns the placement of the applicants’ children with foster families following their removal from the applicants’ care due to allegations of neglect. The domestic courts ruled, ultimately, that returning the children to their parents would put them in danger. Den Rest des Beitrags lesen »
ECHR: No violation of Article 10 of the Convention in Mr Zemmour’s conviction for inciting discrimination and religious hatred against the French Muslim community
20. Dezember 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Zemmour v. France (application no. 63539/19) the European Court of Human Rights held, unanimously, that there had been no violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the applicant’s conviction and sentencing for the offence of inciting discrimination and religious hatred against the French Muslim community for statements made on a television show in 2016. He alleged a violation of his right to freedom of expression. Den Rest des Beitrags lesen »
ECHR: The circulation of information containing derogatory and hostile remarks about the applicants’ religious movement breached their right to freedom of religion
13. Dezember 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Tonchev and Others v. Bulgaria (application no. 56862/15) the European Court of Human Rights held, unanimously, that there had been a violation of Article 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights. In this case, the applicants – three pastors and three religious associations – complained of the circulation to schools in 2008 by the Burgas municipal authority of information about their faith containing remarks which they considered hostile and defamatory. Den Rest des Beitrags lesen »
ECHR: Ilyin and Others v. Ukraine (no. 74852/14)
17. November 2022 — Georg NeureitherThe applicants are nine Ukrainian nationals, born between 1954 and 1986. In December 2021, they were living in Kyiv. The applicants are followers of the Unification Church, founded by the Reverend Sun Myung Moon. They created a religious community and attempted to have it registered as a legal entity. The case concerns the Kyiv City State Administration’s refusal to register their community. Den Rest des Beitrags lesen »
ECHR: Arnavutkoy Greek Orthodox Taksiarhis Church Foundation v. Türkiye (no. 27269/09)
15. November 2022 — Georg NeureitherThe applicant association, the Arnavutkoy Greek Orthodox Taksiarhis Church Foundation (Arnavutköy Taksiarhis Rum Kilisesi Vakfı), is one of the foundations under Turkish law of the Greek Orthodox Community of Istanbul. The case concerns judicial proceedings leading to a refusal to register property which, according to the applicant foundation, had been in its continuous possession for a long period and had been mentioned in a declaration of 1936, its founding document. Den Rest des Beitrags lesen »
ECHR: The applicants’ inability to obtain a review of the prohibition on burying their sons abroad during the criminal investigation breached the Convention
8. November 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Aygün v. Belgium (application no. 28336/12) the European Court of Human Rights held, unanimously, that there had been a violation of Articles 8 (right to respect for private and family life) and 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. In this case the applicants complained of the investigating judge’s refusal to allow them to transfer their sons’ bodies to Türkiye, their country of origin, while the investigation was ongoing. Den Rest des Beitrags lesen »
ECHR: The Court finds several Convention violations on account of manifest deficiencies in the follow-up by the authorities of a child placed in foster care
3. November 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Loste v. France (application no. 59227/12) the European Court of Human Rights held, unanimously, that there had been a violation of Article 13 (right to an effective remedy) taken in conjunction with Articles 3 and 9 of the European Convention on Human Rights, a violation of Article 3 (prohibition of inhuman or degrading treatment), and a violation of Article 9 (freedom of thought, conscience and religion). Den Rest des Beitrags lesen »
ECHR: Proceedings concerning cyanide-poisoning plot in Georgian Orthodox Church, violations of open-court principle and presumption of innocence
3. November 2022 — Georg NeureitherThe case Mamaladze v. Georgia (application no. 9487/19) concerned the proceedings against a priest and director of a medical clinic for plotting to kill the personal secretary of the Georgian Orthodox Church’s Patriarch while in Berlin. She was part of a delegation accompanying the Patriarch to that city for medical treatment. Mr Mamaladze was ultimately found guilty of “preparation of murder”. Den Rest des Beitrags lesen »
ECHR: Suspended prison sentence imposed on Femen activist for topless protest in a church
13. Oktober 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Bouton v. France (application no. 22636/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the criminal conviction of the applicant, a feminist activist who at the time was a member of Femen, for acts of “sexual exposure” (exhibition sexuelle) committed in a church (La Madeleine) in Paris during a “performance” by way of protest against the Catholic Church’s position on abortion. She received a suspended prison sentence. Den Rest des Beitrags lesen »
ECHR: Polish popstar’s conviction for blasphemy breached the Convention
15. September 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Rabczewska v. Poland (application no. 8257/13) the European Court of Human Rights held, by six votes to one, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned a pop singer in Poland known as Doda and comments she had made in an interview about the Bible which the courts decided were blasphemous. Den Rest des Beitrags lesen »
ECHR: The expulsion of unlawfully resident Tajik nationals would not breach the Convention
21. Juni 2022 — Georg NeureitherThe case of M.N. and Others v. Türkiye (application no. 40462/16) concerned the risk of the applicants being expelled from Türkiye to Tajikistan on the grounds that they did not have valid visas and would pose a threat to public safety owing to their participation in Koranic study classes that had not been registered with the Turkish authorities. Den Rest des Beitrags lesen »
ECHR: Complaint around social housing being reserved for Orthodox Jewish community in Hackney rejected
16. Juni 2022 — Georg NeureitherIn its decision in the case of L.F. v. the United Kingdom (application no. 19839/21) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. L.F. is a single mother with four children, two of whom have been diagnosed with autism spectrum disorder. The case concerned her attempt to access suitable social housing from the Agudas Israel Housing Association – an Orthodox Jewish housing charity who, in line with an agreement, made some of its stock available for individuals seeking housing in the London Borough of Hackney. The Court held that the arrangement between Hackney Borough and Agudas Israel was objectively and reasonably justified given in particular the difficulties that the Orthodox Jewish community had in accessing accommodation, and concluded that the application was manifestly ill-founded. Den Rest des Beitrags lesen »
ECHR: Multiple violations in case brought by Jehovah’s Witnesses in Russia
7. Juni 2022 — Georg NeureitherThe case Taganrog LRO and Others v. Russia (application nos. 32401/10 and 19 others) concerned various actions taken by the State against Jehovah’s Witnesses religious organisations in Russia over a ten-year span, including a requirement to re-register, amendments to anti-extremist legislation leading to the banning of their religious literature and international website and the revocation of their permit to distribute religious magazines, and eventually to a nation-wide ban on Jehovah’s Witnesses religious organisations in Russia, the criminal prosecution of hundreds of individual Jehovah’s Witnesses, and the confiscation of their property. Den Rest des Beitrags lesen »
ECHR: Jehovah’s Witness should have had a clear alternative to military service in Lithuania
7. Juni 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Teliatnikov v. Lithuania (application no. 51914/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned Mr Teliatnikov’s request for an exemption from military service and application for civilian service owing to his religious beliefs as a Jehovah’s Witness minister. Den Rest des Beitrags lesen »
ECHR: Court rejects case on compulsory health insurance
19. Mai 2022 — Georg NeureitherIn its decision in the case of De Kok v. the Netherlands (application no. 1443/19) the European Court of Human Rights has, unanimously, declared the application inadmissible. The decision is final. The applicant complained about the obligation to buy basic health insurance in the Netherlands and the consequences of his not having done so. The Court did not express itself on the applicability of Article 8. Assuming that there had been an interference under that Article, it found, in particular, that in order to ensure affordable healthcare by means of collective solidarity the State had legitimate reasons for obliging citizens to take out health insurance under Article 8 (right to respect for private and family life) of the European Convention on Human Rights and Article 1 of Protocol No. 1 (protection of property) to the European Convention. It also rejected complaints under Articles 9 (freedom of thought, conscience and religion) and 6 (right to a fair trial). Den Rest des Beitrags lesen »
ECHR: No breach of Jehovah’s Witness’ rights in case concerning dispute over his daughter’s religious upbringing
19. Mai 2022 — Georg NeureitherIn today’s Chamber judgment in the case of T.C. v. Italy (application no. 54032/18) the European Court of Human Rights held, by a majority, that there had been no violation of Article 14 (prohibition of discrimination) of the European Convention on Human Rights in conjunction with Article 8 (right to respect for private and family life) of the Convention, read in the light of Article 9 (freedom of religion). The case concerned a dispute between the applicant and the mother of his daughter from a previous relationship over their child’s religious upbringing. The applicant had become a Jehovah’s Witness after the split in the relationship. Following proceedings brought by the mother in the courts, the applicant was ordered to refrain from actively involving his daughter in his religion. Den Rest des Beitrags lesen »
ECHR: Pollution from Vladivostok cemetery breached property owner’s rights
10. Mai 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Solyanik v. Russia (application no. 47987/15) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for home, private and family life) of the European Convention on Human Rights. The case concerned the applicant’s complaint about pollution from a cemetery located very close to his house and adjacent plot of land. Den Rest des Beitrags lesen »
ECHR: Expelling to Pakistan a national of that country who had converted to Christianity in Switzerland was liable to infringe his Convention rights
27. April 2022 — Georg NeureitherThe case of M.A.M. v. Switzerland (application no. 29836/20) concerned the applicant’s possible expulsion to Pakistan. M.A.M. is a Pakistani national who had converted from Islam to Christianity while in Switzerland, where he had arrived in 2015 and where his asylum request had been rejected. In today’s Chamberjudgment the European Court of Human Rights held, unanimously, that if the decision to expel the applicant to Pakistan were to be executed there would be a violation of Article 2 (right to life) and Article 3 (prohibition of torture, inhuman or degrading treatment) of the European Convention on Human Rights, in the absence of an assessment of the risk to which the applicant was exposed on account of the overall situation of Christian converts in Pakistan and of his own personal situation. Den Rest des Beitrags lesen »
ECHR: Failure to grant congregations of Jehovah’s Witnesses exemption from property tax in the Brussels-Capital Region since 2018 was discriminatory
5. April 2022 — Georg NeureitherIn today’s Chamber judgment in the case of Assemblée Chrétienne Des Témoins de Jéhovah d’Anderlecht and Others v. Belgium (application no. 20165/20) the European Court of Human Rights held, unanimously, that there had been a violation of Article 14 (prohibition of discrimination) read in conjunction with Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights and with Article 1 of Protocol No. 1 (protection of property) to the Convention. The case concerned congregations of Jehovah’s Witnesses which complained of being denied exemption from payment of a property tax (précompte immobilier) in respect of properties in the Brussels-Capital Region used by them for religious worship. Den Rest des Beitrags lesen »
Religion – Weltanschauung – Recht [ RWR ] 